ALJDEC

99F-M0823-ROC · Registrar of Contractors · 1999-09-29

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 29. 1999.

APPEARANCES: The Complainants appeared in their own behalf.

The Respondent was represented by its attorney, Michael C. Johnson, Esq.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon the entire record, the undersigned Administrative Law Judge hereby submits the following Findings of Fact, Conclusions of Law and Recommended Order for the review, evaluation, approval, and adoption by the Registrar of Contractors.

FINDINGS OF FACT

1. Shortly after the formal opening of the scheduled hearing, a requested amendment to the within Citation, Complaint and Case Caption was permitted, without objection, so as to reflect that Jean Meredeth, the wife of Russell W. Meredeth, was and is an additional Co-Complainant in this administrative action.

2. Immediately following a prolonged recess taken during the presentation of Complainants’ case-in-chief, and after extensive discussions between the parties with the Administrative Law Judge remaining present, the parties concluded a settlement agreement, the essential terms of which were read onto the record.

3. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainants agreed to accept, a specified total monetary amount, no later than a stated deadline date, with Respondent also confirming its giving to Complainants a designated credit against the original contact price, all in full satisfaction of the complaint presently pending before the Registrar of Contractors. Complainants further agreed to withdraw their pending complaint and to consent to the entry of an Order closing the instant Citation without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by Respondent of the payment terms of the agreement. The parties additionally agreed to sign a written settlement agreement, prepared by counsel for Respondent, mutually releasing any and all claims against each other.

4. The parties’ agreement further acknowledged that their entering into the above-described settlement agreement was without any admission of fault, liability or obligation on the part of Respondent and, correspondingly, without any admission by Complainants that they were not entitled to greater benefits or rights.

5. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future breach of the payment

terms of the settlement agreement will not only constitute grounds for the filing of a timely petition for rehearing or a new complaint but also shall warrant treatment as a circumstance in aggravation.

6. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issue for determination shall be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement

7. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the closing of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. M99-0823 be closed.

Dated: October 1, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826